Court No. - 49
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 998 of 2019 Petitioner :- Baliram @ Rajbali Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties and perused the record.
By means of the present writ petition, the petitioner has come up with the case that there is an encroachment of unauthorizedly made by the respondent No.6 over a chak road of Arazi No. 616 area 0.0390 hectares, the Sub-Divisional Magistrate and Tehsildar have jointly submitted a report in the instructions placed before this Court that the chak road on the spot is vacant and there is no encroachment at all and the chak road is also being utilized by the villagers as their passage. It has been also stated that the disposal of the complaint of the petitioner has also been communicated to the petitioner by registered post.
This Court does not find any reason to disbelieve the report and the order passed by the Tehsildar dated 5th February, 2019 wherein the objection of the present petitioner has been disposed of.
In the considered opinion of the Court, it was for the revenue authority to carry out inspection of the spot and measurement and to protect the Gaon Sabha land and if they do not find there to be encroachment, there is no question to disbelieve.
There survives no cause of action in this writ petition so it is consigned to records.
Order Date :- 29.5.2019 Atmesh